88R3844 MEW-D
By: Thimesch H.B. No. 2962
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of trespass on or near a
school or day-care center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Penal Code, is amended by adding
Section 30.055 to read as follows:
Sec. 30.055. TRESPASS ON OR NEAR SCHOOL OR DAY-CARE CENTER.
(a) In this section:
(1) "Day-care center" has the meaning assigned by
Section 42.002, Human Resources Code.
(2) "Public property" includes a street, highway,
alley, public park, or sidewalk.
(3) "School" means a private or public elementary or
secondary school.
(4) "School or day-care center property" means:
(A) all land and buildings owned or leased by a
public school or day-care center; and
(B) any grounds or buildings used by a school or
day-care center for an assembly or other school-sponsored activity.
(b) A person commits an offense if the person:
(1) enters or remains on:
(A) school or day-care center property; or
(B) public property located within 250 feet of
school or day-care center property;
(2) poses a substantial risk of harm to any person or
behaves in a manner that is inappropriate for a school or day-care
center setting; and
(3) received a request to depart by an administrator
or security personnel officer employed by the school or day-care
center and failed to depart.
(c) An offense under this section is a Class A misdemeanor.
(d) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.
SECTION 2. This Act takes effect September 1, 2023.